Record Expungement delay

caliotter3 · Mar 18, 2015

Go to your state Board's website and take a good look at the application to test for licensure. Read that list of statements/questions likely on the last page of the application. Read the specific wording for your state to see what you have to disclose, etc. There may be differences from one state to another that could work in your favor by the time you get this stuff expunged.

tbrymmml · Mar 18, 2015

Great idea. I will do that now. I scanned through about the expungement part but did not look at the actual application. Thank you

caliotter3 · Mar 19, 2015

It's like questions on employment apps, some ask if you have ever been arrested....and others specify have you ever been convicted. If you have any questions about the wording on the app, it would be worth it to have one consultation with an attorney that has experience dealing with the Board, to find out just exactly what is expected of you.

KNicolle67 · Mar 19, 2015

Wow!!! what school is this in GA? There are people who do turn their life around.

windsurfer8, BSN, RN · Mar 19, 2015

Did I say ANYWHERE that people don't "turn their life around". The question is are you willing to risk a lawsuit on the fact that someone may have "turned their life around". You have to understand business law. People can tell you all day long that they have "turned their life around"..that won't mean ANYTHING in a court of law. They will say "you hired a person with a criminal record???" .."you licensed someone with a criminal record???" Then you are in the crosshairs of the lawsuit.

I was explaining why there are permanent consequences to criminal records. That said there are options out there and this person very well may be accepted into a school or be licensed.

You need to think more like a lawyer. Always think about liability. As a nurse I am very steadfast in what my license allows me to do and what it does not allow me to do.

Samanthamaries · Mar 19, 2015

I am in a similar situation as you, I contacted my BON in DE and she sent me language from the law stating this;

Language in the license law specifically states:

"(5)?Has committed no acts which are grounds for disciplinary action as set forth in Â§ 1922(a) of this title; however, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum may waive Â§ 1922(a)(2) of this title, herein, if it finds all of the following:

a.?For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

b.?For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

c.?The applicant is capable of practicing nursing in a competent and professional manner.

d.?The granting of a waiver will not endanger the public health, safety or welfare.

e.?The applicant has not been convicted of a felony sexual offense; "

so I asked what exactly was a waiver and she said that it is something they can use to "bypass" a requirement . I have look into this and its a case by case an I have heard of some good success stories, just do not lie explain your self and maybe doing a anger management class and staying of trouble will help. Also get what you can expunged because it will help with clinicals and getting hired. I have not been convicted of a crime per se but have been arrested but since I have not been conviced I can get all expunged. I would keep working as a CNA because you might have to get a restricted liscense and if the place you work at now likes you and knows your a great worker who changed they might hire you. also get on your states web site, FL has a guide as to what you will and wont be cleared as. It sucks but I am going to try my best and pray because I know I can say I tried, if I don't ill never know if I could have lived my dream. you can do it, its not hopeless do your research...

this is the question for our app in DE

Have you ever been convicted of or entered a plea of guilty or nolo contendere (no contest) to any felony,

misdemeanor or any other criminal offense, including any offense for which you have received a pardon, in any

jurisdiction?

tbrymmml · Mar 19, 2015

Thanks everyone! I will let you know what the director says on Monday.

NurseSpeedy, ADN, LPN, RN · Mar 19, 2015

When I went through nursing school initially (this was a while ago) the school told us that when we apply for our boards we would have to disclose anything that we had EVER been convicted of in the past, that it included legal minor records that we may believe to be "sealed". One of my classmates even had to disclose to the board that she had a prior bad check conviction for bouncing a $20 check at a Walgreeens Pharmacy (Obviously she still got to take her boards). I'm not sure if each state board website has this, but where I live there is a PDF file of types of convictions and how it may affect their decision to allow licensure. They also have a disclaimer stating that they cannot guarantee that this will or will not disqualify someone from taking the board exam, because their regulations may change at any time.

As far as speaking with a director at a school, I would be careful. Community colleges and Universities are probably more likely to be upfront, as was the school that I went to for my LPN since it was partially funded by the county (I do not have a record but some of my classmates did, misdemeanor stuff). However, from what I have heard for profit nursing schools may tell you what you want to hear so that you enroll and go through their program. They are not responsible if you pass the program and pay all that money but are not allowed to take the board exam to become a licensed nurse.

When I went for LPN school there was no background check required. When I went back to school for my RN I was required to get a Level II background check (If you have worked for a nursing home/home health/assisted living that accepts medicare/medicaide then you have taken and passed this background check if the employer is doing what they are required to by law). This is where you are also fingerprinted for the background check that they run.

Another thing, though this is off topic. If you plan to go further than your LPN, many RN schools are requiring that your Science (and sometimes math) courses are within the past five years or you will have to retake them again. I had to look long and hard to find a nursing school that I could go to that had the accreditations that I wanted with a school and still would accept my aging science and math credits. It's just something to consider. A lot of nurses (like myself) use the LPN as a stepping stone and don't know how long it will be before they return to school but if you have completed college level courses and you may be considering eventually getting your RN, this is something to keep in mind (Or you could be paying through the nose for a good private school when you could of went to a public college and saved a bundle and got the same quality education).

Good luck to you. I'm sorry for the situation that you are in. Many people make mistakes and sometimes its hard to get schools/nursing boards/employers to give you a chance to show them that this isn't what you are about. Hopefully it will all work itself out, just make sure that you do your homework with the right agencies before enrolling.

Home Health Columnist / Guide · Mar 20, 2015

Moved to allnurses Nursing Licensure With A Criminal History

Please see the FAQ section at top of forum, Has many links and articles. Link to all state boards of nursing found at bottom every allnurses page. Some states have criminal background info spelled out on website.

Best wishes moving forward.

greenerpastures · Mar 20, 2015

Not sure what state you are in but you definitely want to check with your state BON before you even start nursing school. Some states won't even consider you for a license if you have any domestic violence charges. Good luck to you.

KNicolle67 · Mar 20, 2015

You need to tone it down first of all. My statement was in reference to the school and or Board. After reading the post felt her concern through the her writing. My comment was not towards YOU!!!!!! And the reason i asked what school? Is because i wanted to know for my own reasons. #smh

sligo23 · Mar 20, 2015

I am currently taking a "pre-lvn" class and we were required to have our live scan done before we are accepted in the official lvn program. The instructor told us to contact the BON directly and ask if we were worried about it. I would do this and then apply to the program.

I was required to pass a background check before we could do clinical's for CNA. Did you have to do the same? If so, that may be a good sign.